Sexual Assault & Rape

The state of California has outlined a variety of different sexual assault, rape, and sexual battery laws to help prohibit the unwanted touching and/or sexual advances of one individual upon another. When sexual assault leads to non-consensual intercourse with the victim, the defendant can be charged with rape. These types of charges carry significant consequences that have the potential to negatively impact your life indefinitely. That's why having an experienced criminal defense attorney working on your case is crucial in your pursuit of defeating your charges and avoiding a costly criminal conviction.

As a former prosecutor with the District Attorney's Office, I've spent years prosecuting sexual assault and rape cases, providing me with extensive knowledge and insight into how the opposition will operate against you and your case. In addition to my experience as a prosecutor, I have also served as a criminal defense attorney for more than a decade. In other words, my experience litigating sexual assault and rape cases in court gives me the expertise needed to provide you with a strong defense against whatever charges you may be up against.

What Does a Prosecutor Have to Prove?

In cases of sexual battery, the prosecutor has to establish the following elements in order to obtain a criminal conviction:

  • The defendant touched the victim's intimate parts while the victim was restrained by the defendant or another person. The touching may occur through direct contact with the victim's skin or indirect contact through the victim's clothing.
  • The touching was against the victim's will, meaning the prosecutor must establish that the victim did not provide consent.
  • The defendant intended to engage in the unwanted touching for the purpose of sexual gratification, sexual arousal, or sexual abuse. This can prove to be very difficult if the defendant touched the victim for a non-sexual purpose, such as a medical professional conducting a medical examination.

Facing Sexual Assault Charges?

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How Does California Define a Rape Charge?

Rape laws fall under a broad category of sexual assault. In the state of California, a prosecutor can pursue a rape charge if one of the following scenarios has occurred:

  1. The defendant used physical force, intimidation, duress, or threats to engage in sexual intercourse with the victim.
  2. The victim consented to sexual intercourse as a reaction to fear of immediate bodily harm or harm to another.
  3. The victim lacked the capacity to consent to sexual intercourse. This includes developmental delay, physical disability, or intoxication.
  4. The victim was unconscious, asleep, or otherwise unaware that sexual intercourse was happening.
  5. The defendant induced sexual intercourse by making a fraudulent representation.

It's also important to note that the state of California also defines the rape of minors as a situation where any adult over the age of 18 engages in sexual intercourse with a minor under the age of 18. The severity of the charge can depend on the age of the victim and the age difference between the defendant and the victim. If sexual intercourse has occurred between an adult over 18 and a minor, the act itself may be enough for a conviction since the minor is not able to provide lawful consent. In this case, the prosecutor would not need to show that the defendant engaged in any violent or threatening conduct.

Put Experience On Your Side

Sexual assault and rape charges have the potential to impact your life for years to come. The good news is that you don't have to face these charges alone. For over a decade, I've been working with clients accused of sexual assault and rape because I believe that everyone is entitled to a fair trial and a strong defense. If you or someone you know is facing sexual assault or rape charges, reach out today and let me go to work defending your name.

Sexual Assault and Rape Attorney Serving Oakland, California

If you’ve been charged with sexual assault or rape, you’ll need an experienced criminal defense attorney who can help you avoid a costly criminal conviction. For over a decade, I’ve been working with individuals in Oakland and across Alameda County to provide an aggressive defense against sexual assault and rape allegations. If you’re facing a difficult sexual assault or rape charge, call the Darryl A. Stallworth Law Office today.